Know all men by these presents that I William Newton of the town of Sherburne Chenango County of the first part for and by Isaac S. Newton & his Attorney in fact counduation of the sum of five thousand five hundred dollars Lawful money of the United States to me in hand paid by Robert Milne of the town of Lockport Will County and State of Illinois of the second part the receipt whereof his hereby acknowledged hence XXXX bargained sold asigned transferred and set over to the said party of the second part a certain Indenture of mortgage bearing date the fifth day of December 1842 made by Erastus Newton then of Will County Illinois to Robert F. Bartlett then of the same place and Recorded December 1842 in Recorders office of Will County in Book 9 page 510. Also a certain Indenture of mortgage executed by Erastus Newton and Julia Newton his wife formerly of Lockport Will County in the State of Illinois to Lether C. Chamberlin administrator and Esther R. Tuller administrative of Elan Tuller deceased bearing date the 24th day of December 1844 and Recorded in Book 9 pages 103 & 4 in the Recorders office of said Will County. Also a certain Indenture of mortgage executed by Erastus Newton formerly of Lockport Will County Illinois to William Newton of Sherburne Chenango County New York bearing date the 2st day of April 1845 and Recorded in the Recorders office of Will County Illinois on the 23rd day of April 1845 in Book 2 pages 342 & 3 and the money due or to grow due on the said several mortgages aforesaid with the interest: to have and to hold the some unto the said party of the second part his executors administrators and asigns for their use and benefit, subject only to the proviso in the said Indentures of mortgages contained mentioned but the said mortgages are only to be used to procure and perfect a good title to the land and premises XXXX and did described therein and the said party of the second part is hereby prohibited from having or taking any measures to collect any of the moneys due on said mortgages from Erastus Newton upon the Bonds accompanying the said mortgages and the said party is and of the second part is not to have or take any measures to collect of Erastus Newton the balance that may be due upon said bonds after a sale of the land mortgaged premises or to enforce said mortgages against any property there indescribed & situated in Book 51 of Lockport Village. And I do hereby make XXXX and appoint the said party of the second part my true and lawful attorney irrevocable in my name or otherwise but of his over proper costs and charges to have use and take all lawful ways and means for the recovery of said money and interest (except to collect upon said bonds) and in case of payment to discharge the same as fully as I might or could do if these presents were not made.
In witness whereof I have hereunto to set my hand and seal this 19th day of December on thousand eight hundred and fifty three in presence of
Isaac S. Newton William Newton
William Newton
By Isaac S. Newton his
Attorney in fact
State of Illinois
County of Will I, J. Nelson D Elwood a notary public in and for said County do certify that Isaac S. Newton whose signature appears subscribed to the foregoing instrument and who is personally known to me to be the identical person who is described therein and who executed the same this day appeared before me in person and acknowledged that he executed the same therein for the uses and purposes therein set forth, as attorney in fact of William Newton,
Given under my hand and
Seal Notarial this Twenty sixth
Day of December A D 1853
N.D. Elwood
Notary XXXX.